Only
Commission and Councilmember Reports are posted at this time. City
Manager Reports will be available as part of the Council's final agenda
packet. Click on the linked agenda item titles below for Commission
and Councilmember reports.

Note:

These
documents are presented in Adobe Acrobat PDF*, and will open in a
new browser window. Some files may exceed 1MB in size. File size
information is provided in parentheses. All items are available for
review at the City Clerk Department, (510) 981-6900.

*To
read PDF files, download a free copy of Adobe
Acrobat Reader. If you are unable
to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us),
telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide
an alternate format.

This meeting will be
conducted in accordance with the Brown Act, Government Code Section 54953,
Teleconferencing.Any member of the
public may attend this meeting at either the Council Chambers or at the
teleconference location.Questions
regarding this matter may be addressed to Sara T. Cox, City Clerk, 981-6900.

Preliminary
Matters

Roll Call

Ceremonial Matters: In addition to those items
listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:The City Manager may make announcements or provide information
to the City Council in the form of an oral report.The Council will not take action on such items but may request
the City Manager place a report on a future agenda for discussion.

Public Comment:A total of 30 minutes is scheduled.Each speaker is limited to a maximum of 3 minutes.

Council Action:The City Council may take action related to any subject listed on the
Agenda.

Consent
Calendar

The Council will consider
removal and addition of items to the Consent Calendar prior to voting on the
Consent Calendar.All items remaining on
the Consent Calendar will be approved in one motion.Items removed from the Consent Calendar will be taken up after
the "Action Calendar" unless the Council reorders the agenda.

1.Minutes for Approval

From: City Manager

Recommendation: Approve the minutes for Council meetings of April 25, 2005 (special
closed), April 26, 2005 (special), and May 9, 2005 (special closed).

Contact: Sara T. Cox, City
Clerk, 981-6900

2.Needle Exchange

From: City Manager

Recommendation:Adopt a Resolution
reviewing and confirming the continued existence of a local emergency with
regard to HIV transmission from use of HIV-Infected Needles among injection
drug users, and authorizing the local health officer to take steps to enable
the operation of Needle Exchange Emergency Distribution.

Recommendation:Adopt a Resolution
authorizing the City Manager to apply for and accept a grant and any amendments
from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters
Grant Program in the amount of $284,101 to fund a Self Contained Breathing
Apparatus (SCBA) equipment acquisition program.

Recommendation:Adopt a Resolution
terminating the existence of a local emergency regarding a shortage of
influenza vaccine.

Financial Implications: None.

Contact: Fred Medrano,
Health and Human Services, 981-5100

5.Grant: Measure B Revenue

From: City Manager

Recommendation: Adopt a Resolution approving the 12-month Measure B program plan for
paratransit services and authorizing the City Manager to transmit the plan and
12-month claim in the amount of $168,343 for Measure B annual pass-through
funds for use during fiscal year 2006 to the Alameda County Transportation
Improvement Authority (ACTIA) and to deposit the grant revenue.

Financial Implications: Measure B Grant Revenue – $168,343

Contact: Stephen Barton,
Housing, 981-5400

6.Extension of Supplemental Military Leave Compensation Policy

From: City Manager

Recommendation:Adopt a Resolution
amending Resolution No. 62,648–N.S. to extend the City’s supplemental military
leave compensation benefit to May 31, 2006 to provide a salary supplement for
an aggregate of 24-months that must be taken within 36-months for employees
called for active military service.

Financial Implications: See report.

Contact: David Hodgkins,
Human Resources, 981-6800

7.Contract Amendment: Pacific Municipal Consultants

From: City Manager

Recommendation:Adopt a Resolution
authorizing the City Manager to execute an amendment to the contract with
Pacific Municipal Consultants (PMC) for environmental and project review for
2020 Kittredge (Library Gardens) to increase the amount by $8,300 for a new
total not to exceed $67,900 for the period June 11, 2003 through December 31,
2005.

Recommendation:Adopt a Resolution
approving plans and specifications for the Sanitary Sewer Project located at
Ashby Avenue, Elmwood Avenue, Pine Avenue, Elmwood Court and Claremont
Crescent; accepting the bid of McNamara and Smallman Construction, Inc.; and
authorizing the City Manager to execute a contract and any amendments in an
amount not to exceed $849,626 for the period of 220 calendar days.

Recommendation: Adopt
a Resolution approving plans and specifications for the Sanitary Sewer Project
located at Keith Avenue, El Mirador Path, Martinez Path, El Portal Court, Acton
Street, Acroft Court, Mendocino Avenue and Bancroft Way; accepting the bid of
Darcy and Harty Construction Inc.; and authorizing the City Manager to execute
a contract and any amendments in an amount not to exceed $1,023,488 for a
period of 220 calendar days.

Recommendation: Adopt
a Resolution to sponsor and waive Special Event fees associated with the San
Francisco Mime Troup’s six days of performance in Berkeley parks throughout the
summer and place the Mime Troupe on the list with those events that receive
permanent funding.

Recommendation:Adopt an Ordinance that
would require financial entities that do business with the City to disclose any
financial ties with slavery, whether investment, collateral for loans, or
issuing insurance policies.

Recommendation:Adopt a Resolution: 1)
supporting state legislation permitting local choice in which cities and
counties will be permitted to designate a voting age of 16 years or older in
city or county elections; and 2) preparing an amendment to the City Charter to
be presented to the voters in Berkeley that would allow a resident of 16 years
of age or older the right to vote in city elections, if and when the state
allows this action.

Financial Implications: $10,000 to place the charter amendment on the
ballot.

Recommendation:Refer the following to the
budget process: a one-time request for $38,802 for the Center of the Education
of the Infant Deaf (CEID) Hearing Aid and FM System Loaner Bank Project for
Children (0-17 years old).

Recommendation:Write a letter to the
Alameda County Board of Supervisions asking them to require Altamont wind
energy companies to reduce bird kills by 50 percent within three years as a
condition of their use permit.

Recommendation: Refer to the FY 05-06 budget process a request for $2,000 from the North
Shattuck Business Association for city in kind expenses at the annual Spice of
Life Festival which happens in October.

Recommendation:Approve the April 2005 Parking
Information Guidance System Final Report produced by IBI Group in principle and
take the necessary steps toward implementation of the report’s recommendations,
including: 1) approving immediate implementation of the static signage
component (estimated $17,000); 2) adopting a Resolution authorizing the City
Manager to amend the existing contract with IBI Group for Phase II services,
including the preparation of the Plans, Specifications and Estimates and
Invitation to Bid documents, evaluation criteria, and construction
administration in an amount not to exceed $61,418; and 3) pursuing financial
contributions from the business community, UC and private sector parking
facilities for these costs on a negotiated ‘fair-share’ basis.

Financial Implications: Parking Revenue Fund – $61,418

Contact:
Peter Hillier, Secretary, 981-7010

b.From: City Manager

Recommendation: The City
Manager concurs with the content and recommendations of the report.

Contact:
Peter Hillier, Transportation, 981-7010

Action
Calendar - Presentation

21.Presentation: Mosquito Abatement

From: Councilmember Capitelli

Recommendation: 15-minute presentation by
a representative from the Alameda County Mosquito Abatement District regarding
the activities of the District on May 24, 2005.

Financial Implications: None.

Contact: Laurie Capitelli, Councilmember District 5,
981-7150

Action
Calendar – Appeals

22.1734 Bancroft Way – Appeal of Zoning Adjustments Board’s
Decision

From: City Manager

Recommendation: Adopt a Resolution affirming the decision of the Zoning Adjustments Board
(ZAB) to approve Use Permit 04-10000134, to allow the demolition and
replacement of a single-family residence, and dismissing the appeal.

Financial Implications: None.

Contact: Dan Marks,
Planning, 981-7400

Appeals

1.William Taylor

Communications

1.None.

NOTICE
CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City
Council to approve or deny a use permit or variance for a project the following
requirements and restrictions apply:1)
No lawsuit challenging a City decision to deny (Code Civ. Proc. '1094.6(b)) or
approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than
90 days after the date the Notice of Decision of the action of the City Council
is mailed. Any lawsuit not filed within that 90-day period will be barred.2) In any lawsuit that may be filed against
a City Council decision to approve or deny a use permit or variance, the issues
and evidence will be limited to those raised by you or someone else, orally or
in writing, at a public hearing or prior to the close of the last public
hearing on the project.

Action
Calendar – New Business

23.ZA 1-05: Zoning Amendments for Parking Requirements (CF 15-04)

From: City Manager

Recommendation: 1) Adopt the first reading of an Ordinance amending Berkeley Municipal
Code (BMC) to implement the C1.1 and C1.2 recommendations by the Mayor’s Task
Force on Permitting and Development (MTF); and 2) adopt the Initial
Study/Negative Declaration prepared to meet the California Environmental
Quality Act (CEQA) requirements for the proposed Zoning Ordinance revisions.

Financial Implications: None.

Contact: Dan Marks,
Planning, 981-7400

24.Revisions to the Zoning Ordinance, Part 2

From: City Manager

Recommendation:Adopt the first reading of
an Ordinance to correct various typographic errors in Title 23 (Zoning
Ordinance) and clarify long-standing interpretations of the regulatory text.

Financial Implications: None.

Contact: Dan Marks,
Planning, 981-7400

25.Contract: Environmental Review Services for 700 University
Avenue

From: City Manager

Recommendation:Adopt a Resolution
authorizing the City Manager to execute a contract and any amendments with
Christopher A. Joseph & Associates for environmental review services in an
amount not to exceed $150,000 for a total contract period not to exceed one
year with the sole source of funding derived from funds provided by applicants.

Recommendation:Request the City Manager
to: 1) prepare comments on the California Department of Toxic Substances
Control’s (DTSC) proposed soil and groundwater cleanup plans for the Lawrence
Berkeley National Laboratory (LBNL) to be presented orally at a public hearing
on Thursday, May 26, 2005, 6:30 p.m. at the North Berkeley Senior Center; and
2) write to the DTSC requesting that they establish a Citizen Watershed
Advisory Group including members of BLUE, Friends of Strawberry Creek
Watershed, Urban Creeks Council, Committee to Minimize Toxic Waste, and
residents living on open sections of Strawberry Creek to oversee the corrective
measures implementation phase.

Recommendation: 1) Create a long-term groundwater monitoring plan by regulatory agencies
overseeing the Lawrence Berkeley Lab clean-up that would report on the state of
contamination in groundwater; 2) request that regulatory agencies, the
Department of Toxic Substances Control in particular, support the inclusion of
a citizens team, the Watershed Advisory Group (WAG), in the groundwater
monitoring plan reviews.

Financial Implications: See report.

Contact: Nabil Al-Hadithy,
Secretary, 981-7461

c.From: City Manager

Recommendation: The City Manager takes no position concerning the recommendations of the
Commission.